Koors Communications has lost its appeal of its failure to receive an extension on the CP for WQTH-AM Claremont NH. Koors particularly objects to an FCC standard for such grants as coming only under circumstances deemed “rare and exceptional.” It noted that there is nothing in the Communications Act instructing the FCC to be so stringent in its deadline enforcement policies. Further, it notes the difficulties it faced in constructing the station, on an initial grant dated 11/20/97. It had to deal with a transmitter and city of license change, a five-tower array, and delays while the FCC held and considered its applications.
Further, it claims to have spent over $225K on the project thus far. In denying the petition, the FCC noted that in most cases, winners of CPs have been able to build them out in the allotted three years regardless of the level of complexity of the facility. It also explained that its use of the “rare and exceptional” phrase as indicative of its belief that the CP deadlines were fair and reasonable and that cases in which the time was inadequate would indeed be “rare and exceptional.” Since this was a second appeal and Koors, in FCC’s view, simply reiterated its earlier arguments, it was denied.
